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IN RE KNIGHT

Docket No. 23498.

130 Cal.App.3d 602 (1982)

181 Cal. Rptr. 853

In re JESSE JAMES KNIGHT on Habeas Corpus.

Court of Appeals of California, First District, Division Three.

April 13, 1982.

Attorney(s) appearing for the Case

COUNSEL

Frank W. Dice for Petitioner.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, William D. Stein, Assistant Attorney General, Herbert F. Wilkinson and Martin S. Kaye, Deputy Attorneys General, for Respondent.

OPINION

WHITE, P.J.

This petition challenges the trial court's imposition of an aggravated term based in part upon prior convictions which were dismissed as part of a plea bargain. We conclude, based upon People v. Harvey (1979) 25 Cal.3d 754 [159 Cal.Rptr. 696, 602 P.2d 396], that an implicit term in the...

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